GF Digital End-User License Agreement

1. Parties to the Agreement

This End-User License Agreement ("Agreement") is made between you as the end-user ("you" or "User") of GF Digital and the GF company providing Digital Services to you or to the GF customer on behalf of whom you are using the Digital Services (“we” or “GF”).
The use of each of the Digital Services is covered by GF Digital Service Terms and Service-Specific Terms of the Services you or the GF customer are using.

2. Using the service

GF Digital is a portal through which you can access GF’s Digital Services. Digital Services mean services provided by us that involve digital components, such as software, cloud-based platforms, or connected device functionality.
By using the GF Digital, you agree to comply with and be bound by this Agreement. If you do not agree with these terms, you must not access or use GF Digital.

3. Updates, Maintenance, and Support

GF may provide updates, maintenance, and support for GF Digital from time to time. Updates may include new features, enhancements, security patches, or other improvements to ensure optimal performance. However, GF does not guarantee that support will always be available, nor that any updates will be provided or free of charge.

4. End-User License

GF grants you a non-exclusive, non-transferable, revocable license to use GF Digital solely for its intended purpose. You may not copy, modify, distribute, sublicense, or create derivative works based on the application without express written permission from GF. Unauthorized use is strictly prohibited and may result in termination of this license.

5. Third-Party Content

The application may include content or services provided by third parties. GF is not responsible for the accuracy, reliability, or quality of such third-party content or services. Your use of third-party content is at your own risk and subject to the terms of use provided by the third party.

6. No Warranties

GF Digital is provided on an "as is" and "as available" basis without any warranties, express or implied. GF disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. GF does not warrant that the application will be uninterrupted, error-free, or free of viruses or other harmful components.

7. Limitation of Liability

To the fullest extent permitted by applicable law, GF shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of the GF Digital, even if GF has been advised of the possibility of such damages. This includes, without limitation, damages for loss of data, loss of profits, or any other commercial or personal damages or losses. In no event shall GF’s total liability to you for all damages exceed the amount of CHF 50.

8. Acceptable Use

You agree not to use the application for any unlawful, harmful, or abusive purposes. You shall not interfere with or disrupt the proper functioning of the application, reverse-engineer, decompile, disassemble, or attempt to gain unauthorized access to any part of the application or the systems connected to it.

9. Export control

You agree to comply with all applicable export control, embargoes and trade sanctions laws and regulations in connection with your use of the digital services, including those of Switzerland, the European Union and its member states, and the United States.
You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory that is subject to trade sanctions or comprehensive embargoes, and that you are not a prohibited end user under applicable export control laws.
You shall not use, export, re-export, transfer, or disclose any part of the digital services in violation of applicable export control laws and regulations.

10.User Indemnity

You agree to indemnify, defend, and hold GF harmless from any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorney's fees) arising from your use of the application, any violation of this Agreement, or any infringement of third-party rights.

11. Privacy Statement

Your use of the application is also governed by GF's Privacy Statement, which outlines how GF collects, processes, and protects your personal data. By using the application, you acknowledge the terms of the Privacy Statement.

12. Miscellaneous

This Agreement represents the entire agreement between you and GF regarding the application and supersedes any prior agreements. If any part of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. GF reserves the right to assign its rights and obligations under this Agreement without restriction.

13. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the substantive laws of the country where GF is based. Any dispute arising out of or in connection with this Agreement shall be subject to the jurisdiction of the courts of the place where GF has its registered seat.
Notwithstanding the foregoing, nothing in this Agreement shall limit the GF’s rights to seek interim injunctive relief in any court of law.
As a limited exception to the aforesaid, for users who are consumers and who are resident in the European Union, the laws of the member state in which the user is resident shall apply to the application and the EULA, as well as any disputes potentially arising in connection thereto. The courts of the consumer user's place of residence shall have non-exclusive jurisdiction over any such dispute. Consumer users in the European Union may also bring any such dispute before a local consumer dispute resolution body.

 
Version 25-1-23